The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-10-27
APPEAL
Gen. Prior Makes Application for a
Writ Of Error
Before the United States Supreme
Court at Washington.
A Partial and Preudiced Jury One OF
the Generals Points.
Counsel Directed to Have the Record
Printed for Submission.

half past 10 o'clock this morning, which
was the hour set for the hearing of an
application for writ of error in the
Chicago anarchist cases, the conference
room of the United States supreme
court, in the basement of the capitol,
was uncomfOrtably crowded with law
yers and newspaper men, who were
waiting to hear the proceedings. John
| Randolph Tucker, Gen. Pryor, Gen. b.
+. Butler, Capt. Black, and all the
| other counsel for the condemned priS-
oners, were present and engaged in a
| whispered consultation, but at half
past 10 neither Justice Harlan nor the
records in the case had arrived. Five
minutes later, however, two men
came in, carrying with difficulty
| large blue tin covered trunk corded
with half inch rope which contained the
VOlumniouS records and under the
weight of which the bearers visibly
staggered. At 1910 Justice Harlan
entered the conference room and after
greeting the counsel and directing that
all newspaper men be allowed to come
in and take such places as best fitted
their convenience he seated himself at
his desk and called for attention. AS
soon as the room had become quiet
Justice Harlan, without waiting for
any formal motion OF application from
the prisoners counsel, said, with
slow, deliberate enunciation This
is an application for writ of error to
bring up for review by the supreme
court of the United States judgment
of the supreme court of the state of
Illinois involving the liberty of one of
the prisoners and the lives of the others.
The time fixed for executing the sent
ence of death, is, l am informed the 18th
:, .<.cA hn s71r
stances it Is NY duty to facilitate an
early decision of any question in the
case which the supreme court of the
United States may properly take cogni-
zance. If l should allow a writ of
error it is quite certain that the cOun-
sci would have to repeat before the
court the argument which they pro-
propose now to make before me. On
the other hand if 1 should refuse
at liberty to renew their
application before any other justice of
the supreme court. and as human life
and liberty are involved, that justice
might feel obliged, Notwithstanding the
previous refusal of writ, to look into
the case and determine for himself
whether writ of error should be al
lowed. If he also refused the defend
ants could take the papers to some 9TH
er member of the court, and so on until
each justice had been applied to, or until
some Justice granted the writ. In this
way it is manifest that delays might
occur that would be very embarrass-
ing. In view of the short
time intervening between this day
and the date fixed for carrying into ef-
feet the judgment of the state court as
the case is one of a very serious char
acter in whatever aspect it may be re-
garded, deem it proper to make an
order which l do; that the counsel
present this application to the court
in open session to the end that early
and final action may be had upon the
question. Whether that court has
Jurisdiction to review the judgment in
the case there is no reason why it may
not be presented to the court at its
session to-day. The counsel may state
that publication is made to the court
pursuant to my direction"
WASHINGTON, Oct. 21.-When the
United States Supreme Court reassem-
bled to-day ten minutes after the usual
hour, the court room was crowded with
people waiting anxiously to hear the pc
tition for a writ of error in the cases OF
the Chicago Anarchists, which it was
known would be made to full court,
in compliance with Justice Harlan s
order. AS soon as the candidates for
admission to the bar had been disposed
of General Pryor, OF counsel OF the con-
demned Anarchists, rose and addressed
writ of errors. After recitlng
briefly the history of the case
and stating that seven of the
prisoners were under sentence of death,
Mr.. Pryor SAID he would call the atten-
ton of the Court to only two points
which he relied upon to show that the
cases at the bar presented federal ques-
1 ~.
powered this court to take jurisdiction
| of it and grant the writ Of error
prayed for. The first of these points
related, he said, to the jury by which
these prisoners were tried. The Leglsla-
| ture of the State of Illinois passed,
March, 1874, after the adoption OF the
| Fourteenth Amendment to the Con-
| stitution, law to regulate and govern
| the empaneling of the state courts.
| By virtue of the law, jury for the
| trial of a criminal case might be made
I'D in part, at least, of jurors who
| had formed an opinion with
regard to the guilt or innocence OF the
persons accused. Jurors who were
partial, and even prejudiced men, the
law made it possible to put into the
| Jury box. It also allowed the utter
ances of men who had formed opinions
| as to the prisoners guilt, which could
not be removed except by strong evil
dence. This, he believed, had been
done in the case under consideration,
and the petitioners asserted that the
statute and the effect given to it in the
courts below had deprived them OF the1I
rights. and was about to deprive them
of their lives without the due pro
cess of law, guaranteed by the Federal
Constitution.
sWhat is that statute, Mr.. Pryor?''
INQUIRED the Chief Justice.
Mr.. Pryor sent it up to the Chief
Justice and then read aloud that part
of the act of the Illinois Legislature
approved March, 1874, which provides
that it shall not be cause
of challenge that a juror has read
in the newspapers an account
; of the commission of crime with which
the prisoner is charged, if such juror
shall state on oath that ne believes he
can render an impartial verdict accord
ing to law and the evidence" anC
which also provides ''that in the tria
of criminal cause the fact that per
, son called as a juror has formed al
, opinion or impression, based upon ru
NOR or on newspaper statements
about the truth of which he expressed
. no opinion, shall not diSqualify him Il
: serve as Juror in such case, if he stat
upon oath that he believes he can fairl,
and impartially render verdict there
; on IN accordance VIII L4O law anu of
: idence. and the court shall be satisfies
t of the truth of such statement"
''It appears on record" said MI
Pryor, that this statute was called il
d question in the trial in the lower couT
as repugnant to the provisions bot
the Federal Constitution and of tn
Constitution of the State of Illinois
!. but the Court affirmed its constitution
3 atty upon the authority of the decisio
II of the Illinois Supreme Court, and th
= latter afterward sustained the judl
4 ment." Mr.. Pryor then read extract
+ from the record to show that anon
= the talesmen in trial in the lower coul
there were men who admitted that the
had read the newspapers and forme
an opinion 18th regard to the case, an
- were therefore partial.
y: Justice Miller-"W Was any one of Il
AZ Jurors shown TO have read the new
paper accounts, formed an opinion, etC
=. as you describe?'
Is Mr.. Pryor replied that any ma
was accepted as juror nc
Withstanding the fact that
a he'd foruad an 0niUiOn If